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The People, etc., appellant, v. Julius Coston, respondent. (Ind. No. 288/98)

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from.

After the police entered the defendant's bedroom with the consent of a person who shared the bedroom with him, they seized a box. In the absence of proof that the person who consented to the police entry had "common authority" over the box based on mutual use or joint access, the warrantless seizure of the box was improper (see, People v. Gonzalez, 88 N.Y.2d 289, 293 ). Furthermore, the seizure of the box may not be justified pursuant to the plain view doctrine, because the discovery by the police of the box was not inadvertent (see, e.g., People v. Peralta, 245 A.D.2d 573 ; People v. Manganaro, 176 A.D.2d 354 ).

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PEOPLE v. COSTON
(Apr 24, 2000)